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2025 DAILYLAW 182637 (ALL)

MAHABIR PRASHAD MISHRA v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

/10048/2025 · 2025-11-27

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10048 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The present application has been filed for the following main reliefs: "The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Charge Sheet No. 242/2024, dated 06.08.2024, under sections-7 of Prevention of Corruption Act 1988, Police Station-Barra, District-Kanpur Nagar as well as Summon/Notice dated-04.11.2025 in Session Case No.1723/2025, 'State Versus Mahabir Prashad, pending before the Learned Special Judge P.C. Act, Court No. 8, Lucknow, arising out of Case Crime No. 0057/2024, under section-7 of Prevention of Corruption Act 1988, Police Station- Barra, District-Kanpur Nagar, in the interest of justice. It is further prayed that this Hon'ble Court may also kindly be pleased to stay the entire proceedings of the above noted Session Case No. 1723/2025, 'State Versus Mahabir Prashad, pending before the Learned Special Judge P.C. Act, Court No. 8, Lucknow, in the interest of justice." 3. At the very outset, learned counsel for the applicant submits that he does not want to press this application on merits. However, he submits that the Versus Counsel for Applicant(s) : Hari Krishna Srivastava, Laxmi Narayan Mishra, Surendra Kumar Tripathi, Sweta Swarankar Counsel for Opposite Party(s) : G.A. Mahabir Prashad Mishra .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And Another .....Opposite Party(s) applicant will surrender before the trial court and apply for bail. He prays that the applicant may be granted the benefit of the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in (AIR 2022 SC 3386). 4. It is, therefore, directed that in case the applicant surrenders before the Court below within three weeks from today and prefers bail application, the trial court will decide the said bail application, as expeditiously as possible, taking into account the law laid down by the Supreme Court in the case of Satender Kumar Antil (supra). 5. For a period of three weeks from today, no coercive action shall be taken against the applicant in the aforesaid case. 6. The application stands disposed of. November 27, 2025 Sachin A482 No. 10048 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench